[Congressional Record Volume 144, Number 106 (Friday, July 31, 1998)]
[Senate]
[Pages S9661-S9662]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   GRANTING A FEDERAL CHARTER TO THE AMERICAN GI FORUM OF THE UNITED 
                                 STATES

  Mr. GORTON. I ask unanimous consent that the Judiciary Committee be 
discharged from further consideration of S. 1759, and further, that the 
Senate now proceed to its consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 1759) to grant a Federal charter to the American 
     GI Forum of the United States.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.

[[Page S9662]]

                           Amendment No. 3490

               (Purpose: To make a technical amendment.)

  Mr. GORTON. Senator Hatch has a technical amendment at the desk and I 
ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Washington [Mr. Gorton], for Mr. Hatch, 
     proposes an amendment numbered 3490.

  The amendment is as follows:
       On page 1, line 7, strike ``New Mexico'' and insert 
     ``Texas''
       On page 2, line 5, strike ``New Mexico'' and insert 
     ``Texas''
       On page 2, line 6, strike ``New Mexico'' and insert 
     ``Texas''
       On page 3, line 15, strike ``New Mexico'' and insert 
     ``Texas''
       On page 4, line 3, strike ``New Mexico'' and insert 
     ``Texas''
       On page 4, line 9, strike ``New Mexico'' and insert 
     ``Texas''
       On page 5, line 7, strike ``New Mexico'' and insert 
     ``Texas''
       On page 5, line 10, strike ``New Mexico'' and insert 
     ``Texas''

  Mr. GORTON. I ask unanimous consent the amendment be considered read 
and agreed to, the bill be considered read a third time and passed, the 
motion to reconsider be laid upon the table, and any statements 
relating to the bill appear in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3490) was agreed to.
  The bill (S. 1759), as amended, was agreed to, as follows:

                                S. 1759

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. RECOGNITION AND GRANT OF FEDERAL CHARTER.

       The American GI Forum of the United States, a nonprofit 
     corporation organized under the laws of the State of Texas, 
     is recognized as such and granted a Federal charter.

     SEC. 2. POWERS.

       The American GI Forum of the United States (in this Act 
     referred to as the ``corporation'') shall have only those 
     powers granted to it through its bylaws and articles of 
     incorporation filed in the State of Texas and subject to the 
     laws of the State of Texas.

     SEC. 3. PURPOSES.

       The purposes of the corporation are those provided in its 
     bylaws and articles of incorporation and shall include the 
     following:
       (1) To secure the blessing of American democracy at every 
     level of local, State, and national life for all United 
     States citizens.
       (2) To uphold and defend the Constitution and the United 
     States flag.
       (3) To foster and perpetuate the principles of American 
     democracy based on religious and political freedom for the 
     individual and equal opportunity for all.
       (4) To foster and enlarge equal educational opportunities, 
     equal economic opportunities, equal justice under the law, 
     and equal political opportunities for all United States 
     citizens, regardless of race, color, religion, sex, or 
     national origin.
       (5) To encourage greater participation of the ethnic 
     minority represented by the corporation in the policy-making 
     and administrative activities of all departments, agencies, 
     and other governmental units of local and State governments 
     and the Federal Government.
       (6) To combat all practices of a prejudicial or 
     discriminatory nature in local, State, or national life which 
     curtail, hinder, or deny to any United States citizen an 
     equal opportunity to develop full potential as an individual.
       (7) To foster and promote the broader knowledge and 
     appreciation by all United States citizens of their cultural 
     heritage and language.

     SEC. 4. SERVICE OF PROCESS.

       With respect to service of process, the corporation shall 
     comply with the laws of the State of Texas and those States 
     in which it carries on its activities in furtherance of its 
     corporate purposes.

     SEC. 5. MEMBERSHIP.

       Except as provided in section 8(g), eligibility for 
     membership in the corporation and the rights and privileges 
     of members shall be as provided in the bylaws and articles of 
     incorporation of the corporation.

     SEC. 6. BOARD OF DIRECTORS.

       Except as provided in section 8(g), the composition of the 
     board of directors of the corporation and the 
     responsibilities of the board shall be as provided in the 
     bylaws and articles of incorporation of the corporation and 
     in conformity with the laws of the State of Texas.

     SEC. 7. OFFICERS.

       Except as provided in section 8(g), the positions of 
     officers of the corporation and the election of members to 
     such positions shall be as provided in the bylaws and 
     articles of incorporation of the corporation and in 
     conformity with the laws of the State of Texas.

     SEC. 8. RESTRICTIONS.

       (a) Income and Compensation.--No part of the income or 
     assets of the corporation may inure to the benefit of any 
     member, officer, or director of the corporation or be 
     distributed to any such individual during the life of this 
     charter. Nothing in this subsection may be construed to 
     prevent the payment of reasonable compensation to the 
     officers and employees of the corporation or reimbursement 
     for actual and necessary expenses in amounts approved by the 
     board of directors.
       (b) Loans.--The corporation may not make any loan to any 
     member, officer, director, or employee of the corporation.
       (c) Issuance of Stock and Payment of Dividends.--The 
     corporation may not issue any shares of stock or declare or 
     pay any dividends.
       (d) Disclaimer of Congressional or Federal Approval.--The 
     corporation may not claim the approval of Congress or the 
     authorization of the Federal Government for any of its 
     activities by virtue of this Act.
       (e) Corporate Status.--The corporation shall maintain its 
     status as a corporation organized and incorporated under the 
     laws of the State of Texas.
       (f) Corporate Function.--The corporation shall function as 
     an educational, patriotic, civic, historical, and research 
     organization under the laws of the State of Texas.
       (g) Nondiscrimination.--In establishing the conditions of 
     membership in the corporation and in determining the 
     requirements for serving on the board of directors or as an 
     officer of the corporation, the corporation may not 
     discriminate on the basis of race, color, religion, sex, 
     disability, age, or national origin.

     SEC. 9. LIABILITY.

       The corporation shall be liable for the acts of its 
     officers, directors, employees, and agents whenever such 
     individuals act within the scope of their authority.

     SEC. 10. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS.

       (a) Books and Records of Account.--The corporation shall 
     keep correct and complete books and records of account and 
     minutes of any proceeding of the corporation involving any of 
     its members, the board of directors, or any committee having 
     authority under the board of directors.
       (b) Names and Addresses of Members.--The corporation shall 
     keep at its principal office a record of the names and 
     addresses of all members having the right to vote in any 
     proceeding of the corporation.
       (c) Right To Inspect Books and Records.--All books and 
     records of the corporation may be inspected by any member 
     having the right to vote in any proceeding of the 
     corporation, or by any agent or attorney of such member, for 
     any proper purpose at any reasonable time.
       (d) Application of State Law.--This section may not be 
     construed to contravene any applicable State law.

     SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS.

       The first section of the Act entitled ``An Act to provide 
     for audit of accounts of private corporations established 
     under Federal law'', approved August 30, 1964 (36 U.S.C. 
     1101), is amended by adding at the end the following:
       ``(80) American GI Forum of the United States.''.

     SEC. 12. ANNUAL REPORT.

       The corporation shall annually submit to Congress a report 
     concerning the activities of the corporation during the 
     preceding fiscal year. The annual report shall be submitted 
     on the same date as the report of the audit required by 
     reason of the amendment made in section 11. The annual report 
     shall not be printed as a public document.

     SEC. 13. RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL 
                   CHARTER.

       The right to alter, amend, or repeal this Act is expressly 
     reserved to Congress.

     SEC. 14. TAX-EXEMPT STATUS REQUIRED AS CONDITION OF CHARTER.

       If the corporation fails to maintain its status as a 
     corporation exempt from taxation as provided in the Internal 
     Revenue Code of 1986 the charter granted in this Act shall 
     terminate.

     SEC. 15. TERMINATION.

       The charter granted in this Act shall expire if the 
     corporation fails to comply with any of the provisions of 
     this Act.

     SEC. 16. DEFINITION OF STATE.

       For purposes of this Act, the term ``State'' includes the 
     District of Columbia, the Commonwealth of Puerto Rico, the 
     Commonwealth of the Northern Mariana Islands, and the 
     territories and possessions of the United States.

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